A taishoku daiko service contacts an employer, says that the employee is resigning, and handles the communication from then on. The employee often never speaks to their manager again. The services have grown quickly, especially among younger employees, and some employers now receive several such notices a year.
The law is on the employee's side about resigning. An employee on an indefinite contract can end it with two weeks' notice under the Civil Code, whatever the work rules say about longer notice. What is restricted is the service itself. Under the Attorney Act, only lawyers may negotiate on someone's behalf. A service run by a non-lawyer may tell the employer the employee is leaving, but may not negotiate the leaving date, unpaid wages or unused leave. Some services are run by lawyers or unions, which can negotiate.
What it means for a foreign employer
- Treat the resignation as valid. Refusing to accept a resignation because it came through a third party does not stop it taking effect.
- Check who you are dealing with. If the service starts negotiating, ask whether it is a law firm or a union.
- Read it as a signal. When people would rather pay a stranger than tell their manager, the problem is usually the manager, not the employee.
- Expect it in candidates' stories. Some candidates resigned this way. It is not, on its own, a red flag.
Sources
- Civil Code, Article 627 (notice of termination for contracts without a fixed term).
- Attorney Act, Article 72 (prohibition on non-lawyers handling legal matters).